Justice is the Cornerstone of Human Survival: Dr Shakil Ahmad
The Association for Protection of Civil Rights organised a state-level training of human rights and legal aid workers in human rights activities and legal social workers at Islami Siksha-o-Gabesna Parishad, Sakharidah, District Howrah, West Bengal on April 26 and 27. Forty-five selected delegates from different places of West Bengal participated in the programme. Some other delegates also joined the camp. Earlier, the APCR organised such programmes in Western Uttar Pradesh, Maharashtra and Madhya Pradesh.
In his keynote address, Dr. Shakil Ahmad, Director (Training) of APCR, highlighted various dimensions, forms and causes of oppression obtained in the country. He discussed how the legislative system, policymakers and executive bodies of the country lead to sustenance of an oppressive system. He went on to assert that a struggle must emerge for ensuring rights to marginalised and deprived sections of the country such as women, Dalits, minorities, labourers, etc. Dr. Shakil suggested ways and means for consolidating people’s struggle, and made the point that without organising activities from the grassroots level upwards a movement for a viable legal aid system is not possible.
Speaking on “Responsibilities of Legal Social Workers Striving for Justice,” Mr. Abdul Rashid Agwan, a resource person from New Delhi, brought home various roles to be played by the attending enthusiasts towards their avowed contribution. He elaborated upon such responsibilities as generation of awareness, dissemination of information and motivation of victims in time of their need and for intervening in the particular cases and providing support for the lawyers in documentation and lag work. He also highlighted importance of documentation, coordination and team development as some other responsibilities of legal social workers. The speaker appealed to the participants to properly enhance their understanding of the challenges of the field and to meet the requirements of knowledge and activism for upholding the cause.
Advocate Anisur Rahman, a trustee-member of the APCR, coached the delegates on the theme “First Information Report (FIR)”. He informed that an FIR could be registered by the Office In-charge of a Police Station on information provided to him/her verbally, on telephone or by post and in some cases on the instruction of higher officers or the court. It should be lodged as early as possible because the delay would reduce its merit, he said. Advocate Anis was of the opinion that it is the responsibility of the citizens to cooperate with the police in the registration of an FIR. The speaker also briefed the audience on related Acts and consequences of a false FIR.
Advocate Shaidul Islam talked on “Arrest”. He said that Section 154 of Indian Penal Code deals with the matter, the knowledge of which would be essential for legal social workers. He went on to elaborate that police can arrest a person or persons at its own or on the order of the magistrate. Someone may be arrested by a civilian and later on handed over to police in cases of cognisable and/or non-cognisable offence on the basis of warrant issued by a court. The speaker gave details of rights and responsibilities of both the police and arrested persons at the time of arrest. He also mentioned the recent Supreme Court rulings regarding the rights of an arrested person.
Talking on “Case,” Mr. Anisur Rahman said that a case could be civil or criminal depending on the nature of alleged offence and accordingly courts could also be classified. He also gave an idea about various levels of judicial courts and tribunals. A trial court initiates judicial proceedings. He also briefly discussed the proceeding of a case in a court.
These talks were followed by short spells of questions and answers for further clarification.
On the second day of the camp, Mr Abdul Rashid Agwan oriented the delegates on “Documentation: What and How?” While highlighting importance of documentation for legal social work, he pinpointed various kinds of documents worthy of attention such as written statements, news clippings, photographs, electronic material, published material, etc. He also mentioned that a legal social worker must also have qualities to investigate the matter in field and if need be private detectives could be hired for substantiating the defence. In certain cases concerned persons should be attentive to generate needful documents such as for recording the time and nature of arrest or detention or in case of a missing kith and kin. He asserted that time is very crucial for procuring or generating documentary evidence and a legal social worker must always remember it. The talk was followed by questions and answers.
Some practical work was also undertaken under the supervision of Mr Agwan. For this purpose, an assessment of background knowledge of participants was recorded through a questionnaire. Moreover, trainees were given assignments to write note on any one of these topics: First Information Report, complaint to Superintendent of Police, application under Right to Information Act and complaint to a Human Rights Commission. Consequently, all registered delegates joined these practical assignments and later Mr Agwan presented a report on their performance.
A interesting session was graced by some leading human rights activists of West Bengal. The discussed “Violation of Human Rights: Observations & Experiences”. The views of learned speakers are summarised as under:
Sadique Hossain, General Secretary, Asian Front of Human Rights: On December 10, 1948, 192 countries signed an agreement on 30 subjects including Health, Education, Food, Rehabilitation, etc. as the basic human rights of people. They formed International Human Rights Commission for taking care of these rights. He spelled out the role and duties of human rights workers and social activists. He continued to highlight the necessity, procedure and area of jurisdiction of Lokadalat. All civil cases, bank recovery cases etc. are under the jurisdiction of the Lokadalat, he informed. He was of the opinion that there is need for deputing 100000 observers on Human Rights. He also expressed the expectations of A P J Abul Kalam (former President of India) that one crore families will be detached from political parties if they fail to establish justice in the country.
Saiful Haque, Social Activist and leading human rights activist of Kolkata: He spoke on the formation of International Human Rights Forum and its history. He also shed light on International Bills of Human Rights 1966 and its implementation in 1976. He informed that the first International Conference on Human Rights was held in Tehran in 1948. He discussed on the utility of Human Rights Education and its scope such as rights of refugees, problems of physically and mentally disabled persons, as discussed in Viena Conference 1993. He elaborated upon the persecution of Muslims by mentioning instances of 992 persons arrested from Motiabruz area of Kolkata in 1992 just after the demolition of Babri Mosque, custodial deaths in Cochbihar and migratory people of Mumbai.
Abdul Aziz, Vice-President of Jamaat-e-Islami West Bengal: He remarked that although the term ‘human rights’ is modern yet it is also the term of Islam. There are two parts of Islam, i.e. rights of Allah and rights of people. Relation between Iman and Amal-e-Saleha is a vital principle of Islam. He remarked that he has no place in Jannah who is non-activist on human rights.
Kazi Safiuddin Ahmad, Advocate, Kolkata High Court: He defined human rights as birth rights, including rights to life, expression, speech, assembly, education, health, etc. The Charter of Madinah is the foundation stone of democracy and secularism, he argued. He commented that the Union Government is taking no step on the reports of National Human Rights Commission and remarked that he had no confidence in any government because first of the government itself violates human rights through its repressive mechanism and system of administration.
Nasim Ali, Secretary, Jamat-e-Islami West Bengal: In the light of the Quran (Sura Nisa, 75) he said that our responsibility is to build political pressure to seek justice. He was of the opinion that both the state and national level Human Rights Commissions mostly remain inactive.
A full session was devoted to share experiences of human rights violations. First of all Dr Shakil Ahmad expressed his own experiences in leading a rightful struggle in bringing administration and police to terms for their failure in curbing communal frenzy in different parts of Gujarat in the wake of post-Gujarat 2002 situation. He said that it was the first organised initiative of the community in fighting against a discriminatory establishment. Dr. Shakil said that even a small team like that of theirs could bring wonderful results with commitment, concerted efforts and complete faith in Allah. He went on to give several instances of tactics of police and administration in hiding their tacit support to the miscreants and how the human rights activists of Gujarat exposed that nexus and made the judiciary to punish the culprits and their collaborators. His inspiring narration was followed by questions and answers. Then, various other participants also shared their own experiences of gross human rights violations in different parts of the state.
In the concluding session, feedback of participants regarding the training camp, its contents and arrangements was recorded. Then, Dr Shakeel Ahmad made the concluding remarks and appealed to the trainees to translate the lessons of the camp into practice. He reminded that the justice is the cornerstone of human progress and survival and the oppressed sections of society are looking forward to someone who could ensure justice in the country.
Mr. Rahmat Ali Khan advanced suggestions regarding the immediate task before the trainees and gave some guidelines for executing things in the field while delivering the last words of the event.
An organisational meeting of the APCR was also held with Mr. Rahmat Ali Khan in the chair wherein in-charges from different districts of West Bengal participated. After preliminary remarks of the chair, Dr. Shakil Ahmad spelt out the organisational needs of social legal work in West Bengal. He said that there is a need of forming an independent trust for the future work. The work desires formation of committees at state level, district level and P.S. level structure and it will involve education and legal measures. Thus formation of a state unit shall be our immediate task.
It was agreed to form the state committee of APCR comprising Anisur Rahman Advocate, Masiur Rahman (Convener), Rahmat Ali Khan, Nasir Ali, and Dr. Zafeer for the needful action.
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